What is a deed restriction?

A deed restriction is a limitation attached to a deed that limits the actions that the owner of the property can take regarding the use of the land. In Delaware, deed restrictions are legally enforceable due to state statutes. The deed restrictions are placed in the deed of the property and are meant to maintain the principles of the neighborhood. Deed restrictions can be placed on a property for various reasons. Common restrictions include regulating the size of buildings, preventing land from being used for a specific purpose (like a commercial business), and preventing a homeowner from making certain alterations to the property, such as painting the home a certain color. Deed restrictions can be placed by either the seller or the buyer of the property and can even be negotiated in the sales contract. It is important to be aware of deed restrictions when considering the purchase of a property as they can have serious implications for how the property can be used. In some cases, deed restrictions can severely limit the ability of the homeowner to modify the property or use it for certain purposes. In Delaware, deed restrictions must be stated in writing in order to be legally binding. They are usually enforced by homeowner associations, or neighborhood councils. It is important to be aware of deed restrictions before buying a property, as they can limit what a homeowner can do and may not be something that can be changed.

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